New Eviction-sealing Law Goes Into Effect in Massachusetts

Thousands of Massachusetts residents will be helped by a new resource that will allow them to have any previous eviction records sealed.

State Sen. Lydia Edwards, who has advocated for the law over a period of years, said she has already assisted a constituent in filing an eviction-sealing petition with the support of community organization City Life/Vida Urbana.

Edwards — along with Lt. Gov. Kim Driscoll, Attorney General Andrea Campbell, Senate President Karen Spilka, Boston Chief of Housing Sheila Dillon, and other officials — joined housing attorneys and others outside the courthouse on Monday, May 5, to raise awareness about the new law. The law was embedded in the Affordable Homes Act that Massachusetts Gov. Maura Healey signed in August.

According to NBC10 Boston, the new law is intended to eliminate a significant barrier to housing stability. Eviction records, which are publicly accessible court records, provide landlords with information they can use to deny housing to prospective tenants. These records remain public documents even if tenants win a case or reach an agreement with a landlord, advocates noted.

Housing attorneys note that eviction sealing doesn't happen automatically under the new law. Tenants who win their case, have a case dismissed, or have had a no-fault eviction case can petition to have their records sealed following the conclusion of the appeals process, according to a fact sheet. Tenants, however, must wait four years to petition after a non-payment case ends and seven years after a fault-eviction case.

Greg Vasil, CEO of the Greater Boston Real Estate Board, said his organization originally spoke out against the eviction-sealing law, citing safety concerns. Vasil said building owners need to know about certain past offenses when evaluating prospective tenants. 

The real estate board eventually supported the law after holding numerous conversations with Edwards, including during her time served as a city councilor, and with House Majority Leader Mike Moran of Brighton.